Former Monterey County officers allege unfair firings by sheriff

Two former officers in the Monterey County Sheriff's Office have filed claims against the county, saying they were unfairly terminated.

In separate two-page filings submitted in the past week, former Cmdr. Mike Richards and former Sgt. Joey Banuelos said Sheriff Scott Miller fired them "largely based on political retaliation."

Miller said both claims were "wholly without merit and have no foundation in facts whatsoever."

He said he couldn't comment on the reasons for the firings because they are part of ongoing "personnel actions."

Richards is a 22-year department veteran who for years served as the office's spokesman to the media. He was fired in July 2012 and wrote in his filing this week that since taking office, Miller "has engaged in a contracted conspiracy" and an "unlawful pattern" of "employment discrimination, egregious harassment, retaliation, disparate treatment, fostering a work environment of fear and intimidation," and other allegations.

Richards said Miller conducted "fishing expeditions" to find out what was in his computer files. Failing that, Richards alleged, Miller "instigated a public records request through his stepson Brian Baughn for all the contents of the claimant's computer, network drives and email."

Baughn said the records request wasn't specific to Richards and had to do with department computer files rumored to have been deleted when former Sheriff Mike Kanalakis left office.

Baughn, an occasional letter writer to The Herald, is known for filing public records requests with agencies all over Monterey County, and once sued the city of Salinas for access to financial records of would-be Oldtown Salinas developer Gerry Kehoe.

Miller said Richards is "assuming a lot of facts and jumping to conclusions that aren't true." He called the claim "a work of fiction."

Banuelos was fired on March 15, nearly two years after he was placed on leave — mostly unpaid — in May 2011. In November 2011, he faced felony criminal charges alleging he falsely claimed overtime hours, a case that was dropped by the district attorney in late 2012.

Investigators said they suspected the sergeant worked only a few hours while claiming he put in a full day teaching an active shooter training course for fellow officers. Several days later, he allegedly claimed he worked while he attended a funeral, officials said.

Prosecutor Gary Thelander said he dismissed the case because he had insufficient evidence to prove criminal intent beyond a reasonable doubt, not because he agreed with Banuelos that his "flex time" was justified and legal.

But his attorney Tom Worthington said Banuelos "was known as one of the hardest-working members of the force, and nearly 30 witnesses were prepared to testify in his behalf."

Even before the criminal case was over, Banuelos filed a lawsuit against the county and Miller in September 2012. A hearing is scheduled for that case in October.

Now, in his brief, rambling claim filed last week, Banuelos says he was fired without good cause.

In January, an internal affairs sergeant called to set up an appointment because the department's investigation of him was over, Banuelos' claim states. The next day, on Jan. 5, 2013, "my son and I get pulled over by two Monterey County Sheriffs units at San Juan Grade Road and Crazy Horse Canyon Road for no reason."

He wrote that the incident was a felony traffic stop with "guns drawn," but the claim doesn't say what happened or whether the meeting about his internal affairs investigation was ever held.

He said he was fired because he did not support Miller's run for sheriff.

At the end he added, "All Hispanic sheriffs that reported to Miller have been terminated. Claimant alleges that another reason Miller terminated the claimant was because of his Hispanic race."

Miller described Banuelos' filing as "incomprehensible" and said it "makes little or no sense." His department has hundreds of Latino officers, he said, who have not been fired.

Banuelos was a longtime member of the department who served as a patrol sergeant and worked in the SWAT and special operations units.

On Tuesday, Monterey County supervisors will discuss the claims as well as Banuelos' lawsuit in closed session.